Contents
Article 1#
1.A definitive anti-dumping duty is imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America currently falling under CN codes ex15162098 (TARIC codes 1516209821 and 1516209829), ex15180091 (TARIC codes 1518009121 and 1518009129), ex15180095 (TARIC code 1518009521), ex15180099 (TARIC codes 1518009921 and 1518009929), ex27101911 (TARIC code 2710191110), ex27101915 (TARIC code 2710191510), ex27101921 (TARIC code 2710192110), ex27101925 (TARIC code 2710192510), ex27101929 (TARIC code 2710192910), ex27101942 (TARIC codes 2710194221 and 2710194229), ex27101944 (TARIC codes 2710194421 and 2710194429), ex27101946 (TARIC codes 2710194621 and 2710194629), ex27101947 (TARIC codes 2710194721 and 2710194729), 27102011, 27102016, ex38249992 (TARIC codes 3824999210, 3824999214 and 3824999217), 38260010 and ex38260090 (TARIC codes 3826009011 and 3826009019).
2.The rates of the definitive anti-dumping duty applicable to the net free-at Union frontier price, before duty, of the product described in paragraph 1, and manufactured by the companies listed below, shall be a fixed amount as follows:Company | AD duty rate EUR per tonne net | TARIC additional codeArcher Daniels Midland Company, Decatur | 68,6 | A933Cargill Inc., Wayzata | 0 | A934Green Earth Fuels of Houston LLC, Houston | 70,6 | A935Imperium Renewables Inc., Seattle | 76,5 | A936Peter Cremer North America LP, Cincinnati | 198,0 | A937World Energy Alternatives LLC, Boston | 82,7 | A939Companies listed in Annex I | 115,6 | See Annex IAll other companies | 172,2 | A999The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
3.The application of the individual duty rate specified for the companies referred to in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
4.Where any party from the United States of America provides sufficient evidence to the Commission that:
(a)it did not export the goods described in Article 1(1) originating in the United States of America during the period of investigation (1 April 2007-31 March 2008);
(b)it is not related to an exporter or producer subject to the measures imposed by this Regulation; and
(c)it has either actually exported the goods concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation;
the Commission may amend Annex I in order to attribute to that party the duty applicable to cooperating producers not included in the sample, i.e. EUR 115,6 per tonne.
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